（Adopted on 27 June 1989)
Article 1 belongs to the Madrid League
The States parties to this protocol (hereinafter referred to as "States parties"), even if they have not acceded to the Madrid Agreement on international registration of trademarks (hereinafter referred to as the Madrid Agreement (Stockholm) amended in Stockholm in 1967 and amended in 1979, and the organizations (hereinafter referred to as "parties") referred to in Article 14, paragraph 1, paragraph 2, of this protocol (hereinafter referred to as "parties"), and All states that have joined the Madrid Agreement (Stockholm) are members of the same Union. In this protocol, "parties" refer to both States parties and contracting organizations.
Article 2 protection obtained through international registration
（1） When an application for trademark registration has been submitted to the contracting party Bureau or a trademark has been registered in the register of the contracting parties, the applicant for the application (hereinafter referred to as the "basic application") or the owner of the registration (hereinafter referred to as "basic registration") may, in accordance with the provisions of this protocol, pass the register in the International Bureau of the World Intellectual Property Organization (hereinafter referred to as "international note The register, the international register, the International Bureau and the organization) are permitted to register the trademark and obtain the protection of the trademark in the territory of the contracting state or organization. The conditions are:
1. when a basic application has been made to a contracting party or when a basic registration has been registered with the board. The applicant for the application or the owner of the registration is a national or resident of the State Party. Or has a true and effective industrial or trademark business office in the contracting state;
2. when a basic application has been made in a contracting organization board or the basic registration has been registered in the board, the applicant for the application and the owner of the registration are nationals or residents of the state members of the contracting organization, or have a true and effective industrial or commercial business centre in the territory of the contracting organization.
（2） An application for International Registration (hereinafter referred to as "international application") shall be made to the International Bureau through the board (hereinafter referred to as the "original bureau") which accepts the basic application or the registration basis.
（3） In this protocol, "bureau" or "bureau of parties" means the Bureau of registration of trademarks by a party, and "trademark" means both a trade mark of goods and a trademark of services.
（4） In this protocol, when a party is a state, the territorial territory of the party means that state. When a party is an intergovernmental organization, the territory of the contracting party refers to the territory to which the Treaty of the intergovernmental organization is concluded.
Article 3 international application
（1） Any international application submitted in accordance with this Protocol shall be submitted in the form prescribed by the implementing rules. The original bureau shall certify that the contents of the international application are in line with those in the basic application or basic registration at this time. In addition, the board should point out that:
1. in case of basic application, the date and number of the application.
2. in the case of basic registration, the date and number of registration and the date and number of application for such basic registration.
The original bureau shall also indicate the date of the international application.
（2） The applicant shall indicate the goods and services requiring the protection of the trademark and, if possible, the corresponding categories according to the nice agreement on the international classification of goods and services for the registration of trademarks. If the applicant does not indicate, the International Bureau shall classify goods and services according to the corresponding categories of the classification. The International Bureau shall review the categories indicated by the applicant in conjunction with the original Bureau. In case of disagreement between the Bureau and the International Bureau, the opinions of the International Bureau shall prevail.
（3） Where the applicant requests that the color be protected as a significant component of his trademark, he shall:
1. declare the requirement and add it to its international application, indicating the color or color combination required to be protected;
2. color trademark shall be attached to its international application, and the trademark shall be attached to the notice issued by the International Bureau; the number of copies of the trademarks shall be determined by the implementation rules.
（4） The International Bureau shall immediately register the trademark applied for registration in accordance with Article 2 of this protocol. The date of receipt of the international application by the original bureau shall prevail. Provided that the International Bureau has received the international application within two months from this date. If no international application has been received within this period, the date of receipt of the international application by the International Bureau shall be used for international registration. The International Bureau shall immediately notify the relevant authorities of the international registration. The contents of the international application shall be published in the periodical publication published by the International Bureau for trademarks registered in the international register.
（5） In order to publish trademarks registered in the international register, the bureaus shall receive a certain number of free and half price notices from the International Bureau in accordance with the conditions set out in the General Assembly referred to in Article 10. Such a notice shall be deemed to be a full notice in all parties and no other notice shall be required by the owner of the international registration.
Article 3 bis territorial effectiveness
Protection obtained by international registration can only be extended to a contracting party at the request of the applicant or owner of the international registration. However, this application shall not be made to a party to which the bureau is a party.
Article 3-3 application for "territorial extension"
（1） Where a party applies for the protection obtained by extending international registration, it shall be specified in the international application.
（2） The application for territorial extension may also be made after international registration. The application shall be made in the form prescribed by the implementing rules, and the International Bureau shall immediately register it and notify the relevant Bureau immediately. The registration shall be made public in the International Bureau's regular publication. This extension of territory shall take effect on the date of the registration of the international register and shall expire at the expiry of the relevant international registration.
Article 4 Effect of international registration
（1） 1. the protection of a trademark in each party concerned shall be as if the trademark had been registered in the Bureau of the party as from the date of registration or registration under Articles 3 and 3 ter of this protocol. If the international bureau is not notified of the rejection under Article 5, paragraphs 1 and 2, or if the rejection is notified under that article, it will be withdrawn later. From that date, the protection of a trademark in the party concerned is as if the trademark had been registered by the party's Bureau.
2. the description of the categories of goods and services provided for in Article 3 of this Protocol shall not bind the parties in determining the scope of trademark protection.
（2） Where international registration enjoys the priority under Article 4 of the Paris Convention for the protection of industrial property rights, it is not necessary to comply with the procedures provided for in paragraph 4 of that article.
Article 4 bis replacing a national or regional registration with an international registration
（1） When a trademark is registered in a Contracting Party and is also registered internationally and both are registered in the name of the same person, international registration is deemed to be an alternative to national or regional registration, without prejudice to the rights acquired by the latter, provided that:
1. protection obtained by international registration extends to the parties referred to in Article 3, paragraph 1 or 2.
2. all goods and services listed in the national or regional registration are also listed in the international registration of the parties mentioned.
3. the above shall take effect after the date of registration of the country or region.
（2） The board referred to in paragraph 1 shall record international registration in its register on application.
Article 5 rejection and invalidation of international registration of certain parties
（1） If permitted by the current law, the International Bureau, in accordance with Article 3-3, paragraph 1 or 2, notification requires that the contracting party which extends protection in that party shall have the right to declare in the rejection notice that the trademark applying for extended protection cannot be protected by that party. Under the Paris Convention on the protection of industrial property, such rejection can only be made on the grounds applicable to the trademark directly applied for by the bureau which was rejected by the notice. However, it cannot be dismissed, even if partial, on the sole ground that the existing law only allows registration in a certain category or certain commodity or service.
（2） 1. where the Bureau wishing to exercise the right shall, within the period prescribed by the applicable law, notify the International Bureau of its rejection and state all the reasons for the rejection of the right not later than one year from the date of the extension notified by the International Bureau of the extension provided for in paragraph 1. Except as provided in paragraphs 2 and 3.
2. notwithstanding paragraph 1, any party may declare that the one-year period set out in paragraph 1 is replaced by 18 months for international registration under this protocol.
3. such a statement may also make it clear that if protection is rejected because of objections to protection, such rejection may be notified by the party to the International Bureau after the expiry of the 18 month period. Such bureau may dismiss an international registration by notice after the expiry of the 18 month period, except that
(1) The International Bureau should be informed of the possibility of objections within 18 months before the expiry of the 18 month period.
(2) And the notice of rejection of objection shall be submitted within 7 months from the date of the objection period; if the objection period expires before 7 months, the notice shall be given within one month after the expiry of the objection period.
4. any declaration made under paragraph 2 or 3 may be made in the form provided for in Article 14, paragraph 2, of this protocol, and the date of entry into force of the declaration shall be the date on which the protocol enters into force for the state or organization making the declaration. For international registration which is the same as or after the effective date of the declaration, such statement may also be made later, in which case the statement shall take effect three months after the receipt of the statement by the director general of the organization (hereinafter referred to as the director general) or any later date as indicated in the statement.
5. at the end of the 10-year period since the entry into force of this protocol, the General Assembly shall review the operation of the system established in accordance with items 1 to 4. After that, the general assembly may unanimously decide to amend the provisions of the 1 to 4.
（3） The International Bureau shall immediately forward a rejection notice to the owner of the international registration. The owner shall have the same remedy as the trademark applies directly at the Bureau of rejection. The International Bureau shall, upon receipt of a notice in respect of paragraph 2, paragraph 3, 1, immediately inform the owner of the international registration.
（4） The reasons for rejection of trademarks shall be notified by the International Bureau to the person concerned who made the request.
（5） In accordance with paragraphs 1 and 2, where an international registration is not notified to the Bureau of the International Bureau of an interim or final rejection of an international registration, he will lose the power provided for in paragraph 1 in respect of such international registration.
（6） If the owner of the international registration fails to provide the defense opportunity in time, the competent authority of the party shall not declare the international registration invalid in the territory of the party. No effect notification to the International Bureau.
Article 5 bis legal documents proving the use of certain components of trademarks
The parties may request legal evidence of the use of certain components of the trademark, such as a tattoo, emblem, portrait, medal, title, manufacturer's name or non applicant's surname or similar inscription. Such documents only need to be certified or certified by the original Bureau, and the rest shall be exempted from all.
Article 5-3 copies of the registration matters in the international register; prior inquiry; extract from the international register
（1） The International Bureau shall, at the request of any person and at the expense prescribed in the rules, provide it with a copy of the registration of a trademark in the register.
（2） The International Bureau may also charge for the prior inquiry of international trademark.
（3） The extract from the international register required by a Contracting State for reproduction shall be exempt from all certifications.
Article 6 validity of international registration; dependence and independence of international registration
（1） The registered trademark in the International Bureau shall be for 10 years and may be renewed in accordance with the conditions set forth in Article 7 of this protocol.
（2） After the expiration of five years from the date of registration, international registration shall be independent of its basic application or original registration or basic registration. Unless otherwise specified below.
（3） Before the expiration of 5 years from the date of registration, if the basic application, original registration or basic registration is withdrawn, invalid, abandoned or finally rejected, cancelled, cancelled or declared invalid in all or part of the goods and services designated, whether or not they are transferred in full or not, no protection from international registration can be required. This is the case when a procedure that has been carried out before the end of the five-year period does not make a final decision on the basis application, the rejection, cancellation, cancellation or invalidity of the original or basic registration after the end of that period, if:
1. appeal for rejection of basic application;
2. for the action arising from the basic application or basic registration in case of withdrawing the basic application or revoking, canceling or declaring invalid;
3. objection to basic application.
After the expiration of the five-year period, a final decision to reject, cancel, cancel or annul the invalidity is made, or the basic application or the resulting registration or basic registration shall be revoked separately, provided that the appeal, action or objection shall commence before the expiry of that period. This is the case if, after the expiration of five years, the basic application is withdrawn or the registration resulting from the basic application is abandoned. Provided that, at the time of withdrawal or waiver, the application or registration is in the process set forth in points 1, 2 and 3 and that the procedure begins before the expiry of the period.
（4） According to the implementation rules, the original bureau shall notify the International Bureau of the situation in accordance with the third paragraph and the corresponding decision, and the International Bureau shall notify the relevant parties in accordance with the provisions of the implementation rules and make corresponding announcement. If necessary, the original bureau shall apply to the International Bureau for cancellation of international registration in an appropriate manner, and the International Bureau shall reply to the application.
Article 7 renewal of international registration
（1） Any registration may be renewed for 10 years from the end of the previous period, only the basic registration fee and the additional registration fee and supplementary registration fee as provided in Article 8, paragraph 2, shall be paid. Except as otherwise provided in Article 8, paragraph 7.
（2） No change shall be made to the final status of the previous registration.
（3） Six months before the expiry of the protection period, the International Bureau shall send an informal notice to remind the trademark registrant of the exact expiry date of the trademark registrant and its agent if necessary.
（4） If the additional fee stipulated in the rules is paid, the international registration shall be extended for 6 months.
Article 8 international application and international registration fee
（1） The original board shall have the right to provide for the collection of fees from the applicant or owner of the international registration at the time of the submission of an international application or on the renewal of the international registration.
（2） In addition to the provisions of paragraph 7, paragraph 1, the international registration fee shall be paid in advance for the registered trademark in the International Bureau, which includes:
1. basic registration fee;
2. if the category of goods or services used by a trademark exceeds three categories of international classification, the additional registration fee for each category is more than one;
3. supplementary registration fee for applying for extended protection in accordance with Article 3-3.
（3） Provided that the number of categories of goods or services is determined by the International Bureau or the International Bureau has disputed the number of goods or services, and does not affect the date of registration, the additional registration fee specified in paragraph 2, paragraph 2, shall be paid within the time limit prescribed in the rules. If the applicant pays additional registration fee or has not deleted the goods or services at the end of the above-mentioned period, the application for international registration shall be deemed to be abandoned.
（4） The annual income of the fees for international registration, except as provided in paragraphs 2 and 3 of paragraph 2, shall be equally divided among the States to which this protocol is a party by the International Bureau after deducting the expenses required for the implementation of this protocol.
（5） The amount of the additional registration fee as provided in paragraph 2 of paragraph 2 shall be distributed among the parties concerned at the end of the year according to the number of trademarks applied for protection by each party in the previous year; the number of parties to be examined shall be multiplied by the coefficient prescribed in the rules.
（6） The income from the additional registration fee as provided in paragraph 2, item 3, shall be distributed on the same terms as provided in paragraph 5.
（7） 1. each party may declare that no income from the additional registration fee or supplementary registration fee will be charged for each international registration designated by him under Article 3 ter and the renewal of such international registration. And the amount of fees stated in the statement is required (hereinafter referred to as "individual fees"). The fee may be amended in a later statement, but the amount shall not exceed the amount that the party authority is entitled to receive from applicants who have been registered in the Bureau for 10 years or owners of 10-year renewal registration and deduct the expenses of international procedures. When paying individual provisions,
(1) If a party making a declaration in accordance with this paragraph is designated only under Article 3 ter, no additional registration fee under paragraph 2 of paragraph 2 shall be allocated;
(2) No additional registration fee shall be allocated to any party making a declaration under this paragraph, as provided for in paragraph 3 of paragraph 2.
2. a declaration under paragraph 1 of this paragraph may be indicated in the document provided for in Article 14, paragraph 2. The date of entry into force of the declaration shall be the date on which this protocol enters into force for the States and intergovernmental organizations that declare it. This statement can also be made later. Here, for international registration on or after the date of entry into force of the declaration, the declaration shall take effect three months after the receipt by the director general or on any date indicated in the statement.
Article 9 registration of change of the owner of international registration
Upon request in the name of the international Registrar or at the request of the relevant authority, or at the request of the relevant person, the International Bureau shall, in respect of all or part of the parties to the trade mark in force, and in respect of all or part of the goods and services enumerated in the registration. Register any change in the international register of the registered owner on the condition that the new owner is entitled to make an international application in accordance with the provisions of Article 2, paragraph 1, of this protocol.
Article 9 bis certain registration of international registration
The International Bureau shall register in the international register:
（1） Change of the name or address of the owner of the international registration;
（2） The agent appointed by the owner of the international registration and other circumstances directly related to the agent;
（3） The deletion of goods and services designated in respect of all or part of the parties and international registration;
（4） Waives, cancels or annuls international registration to all or part of the parties;
（5） Other contents of the international registered trademark rights stipulated in the implementation rules.
Article 9 ter fees for certain registration
Any registration under Article 9 or Article 9 bis of this Protocol shall be subject to payment of fees.
Article 9-4 common bureaus of several States parties
（1） If several states of the special union agree to unify their national trademark law, they may inform the director general.
1. replace the competent authorities of each of them with unified competent authorities;
2. the territories of the above-mentioned states shall be considered as a state in the full or partial application of the previous provisions of this article and the provisions of articles 9-5 and 9-6.
（2） This notice shall enter into force three months after the director general has notified other States parties.
Article 9-5 change international registration into national or regional application
Upon the request of the original Bureau in accordance with Article 6, paragraph 4, when the international registration is revoked, the owner shall submit an application for the registration of the same trademark to the contracting party Bureau whose trademark has been in force before the international registration for all or part of the goods and services designated by the international registration. Under Article 3, paragraph 4, the application shall be deemed to have been filed on the date of international registration or as an application filed on the date of territorial extension under Article 3 ter 2, and, if the international registration has priority, the same priority shall still be enjoyed, provided that:
1. the application shall be filed within 3 months from the date of cancellation of international registration;
2. for the parties concerned, the goods and services in the application shall be included in the list of internationally registered goods and services;
3. the application shall comply with all requirements of applicable law, including the provisions of fees.
Article 9-6 Madrid Agreement for the protection of
（1） In the case of an international application or international registration, when the original bureau is a national bureau that is both a party to this protocol and a National Bureau participating in the Madrid Agreement (Stockholm), the provisions of this Protocol shall not have effect in any other country which is the same as this protocol and the Madrid Agreement (Stockholm).
（2） The general assembly may, 10 years after the entry into force of this protocol, but not earlier than five years after the date on which most of the States members of the Madrid Agreement (Stockholm) become members of this protocol, annul paragraph 1 or reduce the effectiveness of paragraph 1 by a majority of 43 / 4, and only the states that are the same as the agreement and this Protocol shall have the right to vote.
Article 10 general assembly
（1） 1. the parties and the States members of the Madrid Agreement (Stockholm) are members of the same conference.
2. in the general assembly, each party may have one representative and may be assisted by a number of deputy representatives, consultants and experts.
3. the expenses of the delegation, together with the travel and subsistence allowance of one representative of each member state, shall be borne by the sending government, except for the union.
（2） In addition to the responsibilities entrusted to it by the Madrid Agreement, the general assembly also
1. to deal with all matters concerning the implementation of this protocol;
2. to give instructions to the International Bureau on the preparations for the conference on the revision of this protocol, taking due account of the views of the States members of the union that have not acceded to this protocol;
3. to adopt and modify all the provisions of the detailed rules for the implementation of this protocol;
4. perform other duties as provided for in this agreement.
（3） 1. each party shall have one vote in the general assembly. For issues involving only the States members of the Madrid Agreement (Stockholm), parties not participating in the agreement have no voting rights, and only parties have the right to vote on matters involving only parties.
2. half of the members of the General Assembly shall have the right to vote on the question and constitute the quorum required to vote on the issue.
3. except as provided in the second paragraph, at any meeting, the number of members present on the question entitled to vote is less than half of the member states of the General Assembly entitled to vote, but when it reaches or exceeds 1 / 3, the assembly may take a decision. Except for decisions on its own procedures, decisions of the General Assembly shall only take effect if the following conditions are met: the International Bureau shall notify the absent member states of the general assembly of the resolution and shall request them to vote or abstain in writing within 3 months from the date of the notification. At the expiration of the period, the number of such voting or abstaining states shall be at least equal to the difference in the quorum of the conference itself and at the same time reach the necessary majority. Such resolutions will not come into force.
4. except as provided in Article 5, paragraph 2, paragraph 5, article 9-6, paragraph 2, Article 12 and Article 13, paragraph 2, the General Assembly resolution requires a majority of 2 / 3 votes to be made.
5. waiver shall not be deemed to be a vote.
6.1 representatives can only represent one country and only vote in the name of that country.
（4） In addition to the convening of general and special meetings in accordance with the Madrid Agreement (Stockholm), the members of the conference, with one fourth of the voting rights, have made requests for issues contained in the agenda of the meeting. Special meetings are held by the director general and the director general will set the agenda for such special meetings.
Article 11 International Bureau
（1） The International Bureau shall handle international registration and other administrative work of this protocol in accordance with this protocol.
（2） 1. the International Bureau shall prepare for a meeting to amend this agreement, as directed by the general assembly.
2. the International Bureau may consult with intergovernmental and non-governmental international organizations on the preparation of the revision conference.
3. the director general and his designated personnel shall participate in the discussions at these meetings without the right to vote.
（3） The International Bureau shall carry out any tasks assigned to him.
Article 12 Finance
For parties, the financial affairs of the union shall be managed in accordance with the same provisions of Article 12 of the Madrid Agreement (Stockholm), and any reference to Article 8 of the said agreement shall be deemed to be in accordance with Article 8 of this protocol. In addition, under Article 12, paragraph 6, paragraph 2, of the agreement, the contracting organizations are considered to be at the first level of the Paris Convention on the protection of industrial property rights, except as the general assembly has unanimously decided to the contrary.
Article 13 amendment to certain provisions of the protocol
（1） Proposals for the amendment of Articles 10, 11, 12 and this article shall be made by any party to the general assembly or the director general. The proposal should be communicated to the parties by the director general at least six months before the General Assembly's consideration.
（2） Any amendment to the provision referred to in paragraph 1 shall be approved by the general assembly, requiring 3 / 4 votes. However, for the amendment to Article 10 and this paragraph, a 4 / 5 votes are required.
（3） Any amendment to the provisions referred to in paragraph 1 shall take effect one month after the director general receives a written acceptance notice. The acceptance decision shall be made by the members of the General Assembly at the time of adoption and 3 / 4 of the States and intergovernmental organizations with voting rights to it, in accordance with their respective constitutional provisions. The amendments to the above provisions adopted thereby shall be binding on all States parties and intergovernmental organizations that have entered into force or after the amendment.
Article 14 entry into force of the form of a protocol
（1） 1. all States members of the Paris Convention on the protection of industrial property rights may accede to this protocol.
2. intergovernmental organizations may also accede to this protocol if the following conditions are met:
(1) At least one of the member states of the organization is a member of the Paris Convention on the protection of industrial property rights;
(2) The organization has a regional bureau which registers trademarks in the territory of the organization, excluding the notice provided for in article 9-4.
（2） Where paragraph 1 provides that a state or organization may sign this protocol. Where the state or organization specified in paragraph 1 has signed this protocol, it may submit the instrument of ratification, acceptance or consent of this protocol. Or, if the protocol is not signed, the instrument of accession to this protocol may be submitted.
（3） The documents provided for in paragraph 2 are submitted to the director general for preservation.
（4） 1. this Protocol shall enter into force after the submission of four instruments of ratification, acceptance, consent or accession, provided that at least one copy is submitted by one member state of the Madrid Agreement (Stockholm). And at least another instrument is submitted by a non Madrid Agreement (Stockholm) member state or by an organization referred to in paragraph 1, paragraph 2.
2. for any other state or organization referred to in paragraph 1, this Protocol shall enter into force three months after the director general informs it of its ratification, acceptance, consent or accession.
（5） Where a state or organization as provided for in paragraph 1 submits the instrument of ratification, acceptance or consent of this protocol or the instrument of accession to this protocol, it may declare that the international registration protection obtained under this protocol before the date of entry into force of this Protocol shall not extend to its territory.
Article 15. Cancellation
（1） This Protocol shall be valid indefinitely.
（2） Any party may notify the director general to withdraw from this protocol.
（3） The denunciation shall take effect one year after the date of receipt of the notice by the director general.
（4） Parties shall not exercise the provisions of this article within five years from the date of entry into force of this protocol.
（5） 1. when a trademark is an effective international registration in a country or intergovernmental organization that has withdrawn from this protocol, on the date of the denunciation, the owner of the registration may apply for the registration of the same trademark in the said state or bureau of organization. The application shall be deemed to be an application filed on the date of international registration as provided for in Article 3, paragraph 4, or on the date of territorial extension registration as provided in article 3-3, paragraph 3, paragraph 3. And if the registration has enjoyed priority, the same priority shall be enjoyed, provided that:
(1) The application shall be filed within two years from the date of actual effectiveness of the contract withdrawal;
(2) The goods and services in the application are included in the list of internationally registered goods and services carried out by the countries or intergovernmental organizations that have withdrawn from this protocol;
(3) The application complies with all the provisions of applicable law, including the provisions of fees.
2. the provisions of paragraph 1 shall also apply to any international registration in force on the date of entry into force of the denunciation in any state other than a state or intergovernmental organization that has withdrawn this protocol, and the owner of the denunciation of the registration shall no longer be entitled to make an international application in accordance with Article 2, paragraph 1.
Article 16 signature; language; depositor's duties
（1） 1. this protocol is signed in French, English and Spanish and deposited with the director general. The three texts have the same effect.
2. other official texts of this protocol are drafted by the director general in German, Arabic, Chinese, Italian, Japanese, Portuguese and Russian, in consultation with the governments and organizations concerned, as well as other languages as may be designated by the general assembly.
（2） This protocol was opened for signature in Madrid until 31 December 1989.
（3） The director general will forward two copies of the signed copy of this protocol, which have been confirmed by the government of Spain, to all States and intergovernmental organizations that can become members of this protocol.
（4） The director general shall register this protocol with the Secretariat of the United Nations Organization.
（5） The director general shall inform all States and international organizations that may or have become members of this protocol of the signing, submission of instruments of ratification, acceptance, consent or accession, as well as the entry into force and amendments to this protocol, and each denunciation notice and declaration provided for in this protocol.